People v. Caver

Appeal from a judgment of the Supreme Court, Erie County (Christopher J. Burns, J.), rendered March 27, 2007. The judgment convicted defendant, upon a jury verdict, of criminal possession of a weapon in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon a jury verdict of criminal possession of a weapon in the third degree (Penal Law § 265.02 [former (4)]), defendant contends that the People’s alleged loss or destruction of a tape recorded conversation constituted a Rosario violation for…